Ariz. Supreme Court Reverses Decision in Adult Bookstore Case

PHOENIX — The Arizona Supreme Court has overturned the dismissal of charges against two adult bookstore owners who were prosecuted for violating a state law that restricts their business hours.

In its opinion in State of Arizona vs. Stummer and Lumm, written by Vice Chief Justice Rebecca White Berch, the high court also published a multi-pronged test that it came up with to allow lower courts to determine whether the state law violates the First Amendment guarantee to free speech.

Hubert August Stummer and Dennis Allen Lumm were originally charged for violating an Arizona law that “forbids adult bookstores from remaining open during certain early morning hours,” according to documents. Under that law, Arizona Revised Statutes 13-1422 (A), adult bookstores are required to be closed for business from 1 a.m. to 8 a.m. Monday through Saturday, and from 1 p.m. to noon on Sunday.

Stummer and Lumm were convicted in Maricopa County Superior Court. They appealed in 2007 and won on argument that another court found the Arizona law unconstitutional.

Writing in her appeal, Justice Berch said the high court justices considered whether adult businesses caused “increased prostitution and sexually oriented litter in the surrounding communities.”

To help decide the case, the Supreme Court set up a three-pronged test that to guide the trial court. To decide whether the hour restrictions are constitutional under Arizona law, the lower court should consider “evidence of the significance of the infringement of speech, the effectiveness of the statute in reducing negative secondary effects, the nexus between the ends sought and the means employed, or the availability of alternative measures,” Berch wrote.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Full Circle Introduces 'My Buddy' Plug Collection

Full Circle has debuted its new My Buddy line of vibrating anal plugs.

Vibratex Names Kerrie McKinnon as Retail Specialist

Vibratex has named Kerrie McKinnon as its new retail specialist.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Orion Debuts 'Suspender Corset' From Cottelli Lingerie

Orion Wholesale has introduced a suspender corset from its Cottelli Lingerie line.

Male Power Debuts Limited-Edition 'Kilauea' Collection

Male Power has introduced its new limited-edition Kilauea collection of men's underwear.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Pjur Introduces 'Man Lust' Pleasure Gel

Pjur has debuted its new Man Lust stimulating pleasure gel with spilanthol.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Orion Debuts 'Duo Vibrator' From 'Couples Choice' Line

Orion Wholesale has introduced the Duo Vibrator from its Couples Choice line.

Show More